What are the clinical records of a doctor admissible for the purposes of medical malpractice?

British Columbia, Canada


The following excerpt is from Uppal v. Chung, 2017 BCSC 80 (CanLII):

Those purposes were explained by Justice Metzger in Seaman v. Crook, 2003 BCSC 464 at paras. 14 - 15. In summary, a doctor’s observations and prescribed treatments are facts and admissible as such without further proof; diagnoses made by a doctor, statements made by a patient, and diagnoses made by a person to whom a doctor has referred the patient are admissible for the fact they were made, but not their truth; and any statement by a patient or a third party that is not within the observation of a doctor or person who, in the ordinary course of business, has a duty to record those statements, is not admissible for any purpose. Finally, opinions contained in clinical records are not admissible for their truth; they are admissible only for the fact that they were reached at the time.

Other Questions


What are the clinical records admissible in a medical malpractice trial without calling a doctor? (British Columbia, Canada)
Is there an exception to a trial judge's ruling in a medical malpractice case where a physiotherapist and a treating physician recorded statements in a clinical record? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
What is the impact of the evidentiary use of clinical records in medical malpractice cases? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the current state of the law regarding the limited purposes for which clinical records are admissible? (British Columbia, Canada)
What are the limited purposes for which clinical records are admissible in the civil context? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
What are some examples of the evidentiary use of clinical records in medical malpractice cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.